The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-15


tative Griffith, however. said that by the record
proof Steinwells commission showed that he
himself became Justice OF the peace de 1ure on
the 29th of October, 1882, but he did not prae-
tically open his office until the Sth of November
that year. During the interval he performed
duties pertaining to the Office, and the October
date, and not that in November, was the legal
expiration Of his term. Hence Meagher's COM
mission placed his initial service and his right to
transact the business Of justice on the I'D OF
October. He did not have to wait until the 9th
of November to acquire full powers by the sim
pie act of succeeding Steinwell. whose term came
to an end ten days before that date.
Representative Kelison followed the line laid
down by Representative Gordon, while the ma
jority report was supported by Representatives
Scott and Cough in brief but forcible application
OF the facts to the invalidity OF MeaRhers elec-
ton Representative Jewett. for the minority
claimed that the constitutional term of office
could not be abridged by the date in q commits
sion when that term is to begin. He held that
as Meaghers commission in this regard was of
date Oct. %. and that of Steinwell the 10Th Of
by the argument of the majority, two justices of
the peace holding the same Office If the cleo
ton OF Representative did not occur during his
possession of the Office of justice of the peace,
then he is entitled to seat and his term as Rep
reeentative began the day following the election.
He accepted this position, and thereby vacated
his claim to serve as justice of the peace
Representative Gardiner said if there was any
thing he liked it was absolute fairness. He and
the majority were willing to begin the discus
sion at 10 o'clock in the morning and continue it
through the whole day. But the gentleman
from Floyd asked that it be postponed until
o'clock in the afternoon. and accepted without
demurring the offer to come to vote at O'Clock.
HE now comes" continued Representative
Gardiner, "and says it is outrage that only
one hour and half is allowed the defense.
consider this unfair and ungracous. We of the
majority if it will serve the people Of Indiana,
ia %ho
minority speak all day to -morrow-yea for sixty
days even, if it. will establish the legality
Of their claim. We throw the doors
wide open for fair, full and free discussion"
The minority admit that if Meagher had begun
the term as justice of the peace on the 9th of
November he would not be entitled to his seat,
but, assuming that he was q Representative the
day after the election, he would be ineligible, for
the term of an Office begins at the date OF COM
mission. Hence, though he might not perform
any act as justice until the 9th Of November. he
was clothed with the power to do SO, and all his
acts would have been held legal When Meagher
was nominated for the Office of Representative
two of his party friends stood up in the conven-
ton and told the Democracy of Vigo county that
he was judicial officer and ineligible
Mr.. Meagher, in few minutes speech, pro-
tested against "this outrage" "Iknow," he con-
tinued, that never held an Office until I came
on this floor. Nobody can deny that was not
elected by a fair and honest majority, and l
would rather be turned out a hundred times
than to hold place under an illegal claim" He
became overheated and pitched his voice to its
highest tone, while he waved his arms to give
the periods to his appeal for all honest men to
stand by him in this fight. cit is political
scheme" as he said. ''to get rid of me on a mere
technicality of law"
The question recurring Immediately after this
on the minority report the call proceeded with
out incident Representative Cushman an
nonnced his pair with Represent ative Linck did
Representative Wh,tworth, who was paired with
Representative Kline. Representative Mackey
refused to vote. The result was nays so, yeas
40 on substitution of the minority for the ma
jority report. On the request of Representative
Gordon, division of the report was granted, the
first call being that Mr.. Meagher is not enti-
| tied to a seat Representatives, Alexander and
Worrall were paired, and Representative Foster
wanted to explain, but the Speaker ruled that
| no explanations could be in order at that time.
| Representative Mackey asked to be excused, but
| Representative Gordon objected. This objection
was not heard. and the call came on the next
name. when REPRESENTATIVE Jewett asked, ''Has
| Mr. Mackey voted2'
| II understand he is excused unless there is an
objection, replied the Speaker.
| II understand the gentleman from Putnam
| objected. II he has not certainly shall"
1.-THE gentlemen from Knox, Vanderburg and
Gibson will be required to vote.ns said the
| Speaker.
| II then vote aye" Representative Mackey re-
| sponded as the call came to him.
| Representative Patton wanted to explain, but
the rule was applied, which he desired to contest
but voted no without telling his reason for it.
! The vote to unseat Meagher stood yeas 81, nays
| 40, and then came the call of vote for giving the
| place TO Fl. @. Dickerson, the confession, which
| was affirmative in yeas 81. nays 49, Mr.. Dick
| erson then came to the bar of the House, and
| taking the oath, passed to the Republican side
| An effort was made to secure an adiounmen
until Monday, but the majority promptly re
sstedit